Utah § 81-2-305 - Who may solemnize marriages -- Certificate.
Full text of Utah Utah Code § 81-2-305 — Who may solemnize marriages -- Certificate., with citation guidance and answers to common questions.
§ 81-2-305. Who may solemnize marriages -- Certificate.
Effective 11/6/2025 81-2-305.
Who may solemnize marriages -- Certificate.
(1)
The following individuals may solemnize a marriage:
(a)
an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b)
a Native American spiritual advisor;
(c)
the governor;
(d)
the lieutenant governor;
(e)
the state attorney general;
(f)
the state treasurer;
(g)
the state auditor;
(h)
a mayor of a municipality or county executive;
(i)
a justice, judge, or commissioner of a court of record;
(j)
a judge of a court not of record of the state;
(k)
a judge or magistrate of the United States;
(l)
the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-70-302;
(m)
a senator or representative of the Utah Legislature;
(n)
a member of the state's congressional delegation;
(o)
a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court; or
(p)
a military chaplain.
(2)
An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
(a)
name of the county from which the license is issued; and
(b)
date of the license's issuance.
(3)
Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.
(4)
Except as provided in Section 17-70-302 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
(5)
(a)
Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.
(b)
An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.
(c)
An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
(6)
(a)
An individual is guilty of a third degree felony if the individual knowingly:
(i)
solemnizes a marriage without a valid marriage license; or
(ii)
solemnizes a marriage in violation of this section.
(b)
An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.
Section 81-2-305 ("Who may solemnize marriages -- Certificate.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-2-305?
A common citation format is "Utah Code § 81-2-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-2-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
